Case Law Details
Gurpreet Singh Vs Commissioner of Delhi State GST (Delhi High Court)
The Delhi High Court addressed a writ petition filed by Gurpreet Singh challenging a Show Cause Notice (SCN) dated October 23, 2024, issued by the Commissioner of Delhi State GST, proposing the cancellation of his Goods and Services Tax (GST) registration. Upon reviewing the case records, the court noted a crucial fact: the petitioner had already submitted a reply to the aforementioned SCN. This action by the assessee became the primary basis for the court’s decision.
Given that the petitioner had availed the opportunity to respond to the SCN and present their case to the issuing authority, the Delhi High Court found no compelling reason to entertain the writ petition at that particular stage. The court reasoned that the appropriate course of action was for the concerned GST authorities to consider the petitioner’s reply and conclude the SCN proceedings. Interfering at this juncture would be premature, as the statutory process initiated by the SCN was already underway with the assessee’s participation.
Consequently, the Delhi High Court disposed of the writ petition. However, in doing so, the court issued a clear directive to the respondents, instructing them to conclude the SCN proceedings with due expedition. The court further specified a preferred timeframe of three weeks from the date of the order for the completion of these proceedings. Importantly, the court explicitly stated that all rights and contentions of the respective parties on the merits of the case were kept open, implying that the dismissal was based on procedural grounds and did not prejudice the substantive arguments of either side in the ongoing SCN proceedings.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
The writ petitioner seeks to impugn the Show Cause Notice [“SCN”] dated 23 October 2024 which proposes cancellation of the Goods and Services registration held by it. We note from the record that the petitioner has already filed a reply to the aforesaid SCN. In view of the above, there arises no occasion for this Court to entertain the writ petition at this stage.
It shall, consequently, stands disposed of with a direction to the respondents to conclude the SCN proceedings with due expedition and preferably within a period of three weeks from today.
All rights and contentions of respective parties on merits are kept open.
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